How to File a Boat Accident Lawsuit
A serious boating accident can cost many. A personal injury lawyer can help determine who is responsible and the best way to make a claim for compensation.
In general, as with motor accident cases, you need to establish that the negligent party breached their duty of care and was the primary cause of your injuries. There are a variety of key elements of evidence that your lawyer should gather for your case.
Damages
Medical expenses as well as lost income, discomfort and pain are among the most frequently cited damages for boating accidents. The degree of your injuries will play an important factor in determining the amount you could receive from a settlement or a jury award. Amounts for catastrophic injuries, such as severe brain injuries or spinal cord injury or permanent disfigurement, are usually more.
Medical expenses can include hospital bills, ambulance service fees doctor's visits, therapy, medications and other associated costs. Your attorney will establish all of your previous and future medical expenses. In some states you may also be entitled to compensation for future losses resulting from your injuries. These may include costs for the services of a home health aid or additional physical therapy appointments as well as loss of future earning capacity.
The liability can be established more easily if a
boat accident law Firm's operator or owner failed to maintain or equip their boat with the proper safety equipment. If the vessel did not have whistles, flares or fire extinguishers, they are likely to have contributed to the incident.
A personal injury lawyer can help you satisfy your burden of proof by assembling evidence like photos or videos of the scene witness statements, medical documentation of your injuries. Your lawyer may also challenge claims that you were partially responsible for the accident.
Expert Witnesses
In any personal injury matter, having a network of experts who can give testimony is the best way to back an claim for compensation. While eyewitnesses may help prove that the incident occurred, expert witnesses have specialized qualifications that make them highly credible experts in their matter. They are paid for their opinion, and they can provide a lot of weight in a case.
A marine engineering expert witness for instance, can recreate the technological events that caused a boating incident by studying evidence such as speed calculations and collisions caused by visibility. They can also testify on whether safety guidelines were adhered to or not.
A medical professional is a second important expert witness. They can testify on the severity of your injuries as well as the long-term effects. They can also discuss the consequences of your injuries to your life and how it could impact your claim for damages.
Admiralty and maritime expert witnesses can perform in-depth investigations into the causes of accidents involving recreational vessels and personal watercrafts, as well commercial vessels and their crew. They are also able to provide evidence and analysis of maritime laws which regulate classification of ships as well as surveying and design.
Shared Fault
Just as a negligent or careless driver could cause a devastating car accident, an intoxicated boat operator could put many people, including themselves as well as their passengers, at risk of serious injuries. When boat accidents occur it is crucial that injured parties seek compensation from all responsible parties.
In the immediate aftermath of any boat accident, it's important to ensure everyone is safe and receives immediate medical attention, if necessary. It's important to gather information about the accident as early as you can. This includes contact information for witnesses, photographs of the scene as well as names and telephone numbers of any other boaters or boat owners involved in the collision. It's also crucial to file a report with the law enforcement authorities.
Insurance companies for liable parties often require victims of
boat accidents to provide recorded statements. A lawyer can help you avoid giving information to insurance companies that could be used to decrease the value of your claim or even to cancel it out completely.
A York County boat accident lawyer can gather evidence, eyewitness testimonies as well as police reports and photos of the scene of the accident to make a convincing case for you. The majority of personal injury and wrongful-death lawsuits must be filed within four years of the incident. If you contact an attorney, they will be able to begin collecting evidence and constructing your case.
Insurance Companies
As with car accident lawsuits, the successful personal injury claim requires proof of negligence. This means that you have to prove that the party responsible for your injuries breached the law and that this breach was the sole cause of your damages. Our lawyers can review your evidence to determine who's liable for your boating accident and seek compensation on behalf of you.
When you are able to do so immediately following an accident on the boat it is crucial to seek medical attention for your injuries. A doctor will help you document your injuries and link them directly to the incident. Additionally, it's crucial to document your wounds and bruises as well as keep a diary of your experiences. The organization of these documents will speed up the claims process and help your attorney create an argument that is strong for you.
Sometimes the party responsible for your injuries does not have to be present to be liable. For instance, you can take action against the manufacturer of your boat, if there's an inadvertent manufacturing defect or failure to warn you of potential dangers. Our team can review your case to determine if you have a valid claim.
If you have a valid claim against the responsible party, our attorneys will file a claim in court with all pertinent information about your accident and the damages that you are seeking. The next step is the discovery process where the parties exchange information, including interrogatories and depositions in sworn testimony. Finally, a settlement is reached or the case is taken to trial.